The first trial for three defendants, arrested and charged by the Miyagi Prefectural Police Headquarters and Shiogama Police Station for unauthorized uploads of movies to YouTube, took place on November 2 at the Sendai District Court in Miyagi. On November 16, during the second hearing, the following guilty verdicts were handed down:
・Defendant A (primary perpetrator): 2 years imprisonment, suspended for 4 years, and a fine of 2 million yen.
・Defendant B: 1 year and 6 months imprisonment, suspended for 3 years, and a fine of 1 million yen.
・Defendant C: 1 year and 6 months imprisonment, suspended for 3 years, and a fine of 500,000 yen.
At the initial trial, all three defendants admitted to the charges. The prosecution sought 2 years imprisonment and a fine of 2 million yen for Defendant A, and 1 year and 6 months imprisonment and fines for Defendants B and C. The defense requested suspended sentences, noting the defendants’ remorse.
The court found that the defendants were involved in a malicious and organized scheme to upload “fast movies” for financial gain, deliberately avoiding content from companies that had already filed copyright infringement claims. From June to July 2020, the three edited and narrated several films, including I Am a Hero (TOHO CO., LTD.) and Cold Fish (NIKKATSU CORPORATION), shortening them to around 10 minutes and posting them on YouTube without authorization.
This case was initiated by an investigation from the Miyagi Prefectural Police, with the involvement of attorney Hiroyuki Nakajima (CBEP Legal Director), who cooperated with CODA’s ‘Cross-Border Enforcement Project (CBEP)’ and initiated international enforcement procedures in advance. After obtaining legally verifiable information on the suspect through CBEP, CODA compiled information on the victim’s rights holders, which led to the current detection.
CODA views this ruling as a crucial victory in preventing further copyright infringements involving “fast movies.” The ruling underlines the importance of protecting creators’ works and deterring unauthorized use for profit. It is unacceptable to use a creator’s work, which has been produced with time, effort, and expense, without permission, and to profit from it through advertising fees or other means. CODA will continue to focus on eliminating illegal use of Japanese content and ensuring proper copyright protection.
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About CODA
CODA (Content Overseas Distribution Association) was established in 2002 at the call of the Ministry of Economy, Trade and Industry and the Agency for Cultural Affairs to promote the overseas development of Japanese content and take anti-piracy measures. Japan’s proud content, including music, movies, anime, broadcast programs, video games, and publishing, plays an important role in enhancing the nation’s international presence and economic growth. As digital technology becomes more widespread, it is even more significant to protect Japan’s content from increasingly artful copyright infringement and promote the content industry’s development. CODA contributes to the deterrence and detection of online and other piracy, by sharing knowledge with relevant government agencies, organizations, and companies in Japan and abroad, to engage in direct and indirect anti-piracy measures, as well as public relations activities. Visit https://coda-cj.jp/en/activity/ for more information on CODA’s projects.